[Senate Report 110-165]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 363
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-165

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   EXTENSION OF LEGISLATIVE AUTHORITY FOR MEMORIAL HONORING VETERANS

                                _______
                                

               September 17, 2007.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 995]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 995) to amend Public Law 106-348 to 
extend the authorization for establishing a memorial in the 
District of Columbia or its environs to honor veterans who 
became disabled while serving in the Armed Forces of the United 
States, having considered the same, reports favorably thereon 
without amendment and recommends that the Act do pass.

                                Purpose

    The purpose of H.R. 995 is to extend the legislative 
authority for completion of a memorial honoring disabled 
veterans of the United States Armed Forces.

                          Background and Need

    In 2000, Congress enacted Public Law 106-348, which 
authorized the Disabled Veterans' LIFE Memorial Foundation to 
establish a memorial on Federal land in the District of 
Columbia or its environs to honor veterans who became disabled 
while serving in the Armed Forces of the United States. The 
Foundation is a 501(c)(3) nonprofit organization whose sole 
purpose is to raise the funds necessary to build the Memorial. 
The authorizing legislation requires the memorial to be 
constructed in accordance with the Commemorative Works Act (40 
U.S.C. 8901 et seq.).
    In December, 2006, Congress enacted Public Law 109-396, 
which specified a site south of the Mall and west of the 
Rayburn House Office Building (near the C Street ramp to I-395) 
as the location for the memorial.
    The Commemorative Works Act requires that a memorial's 
sponsor fund all costs associated with the planning, design, 
and construction of the memorial, plus an additional ten 
percent to be used as a maintenance fund. The sponsoring entity 
must raise all required funds and have the memorial design 
approved by the appropriate Federal reviews before the 
Secretary of the Interior is authorized to issue a construction 
permit.
    To date the Foundation has raised approximately $26 million 
of the estimated $65 million cost of construction. The 
Foundation hopes to have the remaining funds in hand by 2010.
    Under the Commemorative Works Act, legislative authority 
for a memorial expires seven years after the date of enactment 
of the authorizing legislation, so the Disabled Veterans' 
Memorial authority expires on October 24, 2007. H.R. 995 
extends the authority through October 24, 2015.

                          Legislative History

    H.R. 998, sponsored by Representative Hare, passed the 
House of Representatives by a vote of 390-0 on March 5, 2007. A 
companion measure, S. 824, was introduced by Senator Thune and 
cosponsored by Senators Snowe, Dorgan, and Johnson. The 
Subcommittee on National Parks held a hearing on H.R. 998 and 
S. 824 on July 12, 2007.
    Similar legislation, H.R. 4275, passed the House of 
Representatives in the 109th Congress by a voice vote on 
September 25, 2006, although no further action occurred in the 
Senate.
    At its business meeting on July 25, 2007, the Committee on 
Energy and Natural Resources ordered H.R. 995 favorably 
reported.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on July 25, 2007, by a voice vote of a quorum 
present, recommends that the Senate pass H.R. 995.

                         Summary of the Measure

    H.R. 995 amends the authorizing legislation for the 
Disabled Veterans Memorial (Public Law 106-348) to make several 
conforming amendments to reflect the codification of the 
Commemorative Works Act as part of title 40, chapter 89, United 
States Code, and extends the legislative authority for the 
memorial until October 24, 2015, notwithstanding the provisions 
of 40 U.S.C. 8903(e)).

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                                     July 30, 2007.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 995, an act to 
amend Public Law 106-348 to extend the authorization for 
establishing a memorial in the District of Columbia or its 
environs to honor veterans who became disabled while serving in 
the Armed Forces of the United States.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

H.R. 995--An act to amend Public Law 106-348 to extend the 
        authorization for establishing a memorial in the District of 
        Columbia or its environs to honor veterans who became disabled 
        while serving in the Armed Forces of the United States

    H.R. 995 would extend until October 24, 2015, the authority 
to construct a memorial on federal land to honor veterans who 
became disabled while serving in the Armed Forces of the United 
States. The extension would give the Disabled Veterans' LIFE 
Memorial Foundation (the site's sponsor) an additional eight 
years to obtain the necessary funds and complete the project.
    Because the prospective memorial would be established with 
nonfederal funds, extending the authority to build it would not 
affect the federal budget. Enacting the legislation would not 
affect direct spending or revenues.
    H.R. 995 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contacts for this estimate are Deborah Reis 
and David Reynolds. This estimate was approved by Peter H. 
Fontaine, Deputy Assistant Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 995. The Act is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of H.R. 995, as ordered reported.

                        Executive Communications

    The testimony provided by the Department of the Interior at 
the July 12, 2007, Subcommittee hearing on H.R. 995 follows:

    Statement of Katherine H. Stevenson, Acting Assistant Director, 
  Business Services, National Park Service, Department of the Interior

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to appear before you today to present the 
Department of the Interior's views on S. 824 and H.R. 995, 
bills to amend Public Law 106-348 to extend the authorization 
for establishing a memorial in the District of Columbia or its 
environs to honor veterans who became disabled while serving in 
the Armed Forces of the United States. The Department supports 
enactment of this legislation.
    S. 824 and H.R. 995 would authorize an additional eight 
years for the Disabled Veterans' LIFE Memorial Foundation 
(Foundation) to establish the American Veterans Disabled for 
Life Memorial in the District of Columbia. This memorial was 
authorized on October 24, 2000 and the extension would extend 
the authority to October 24, 2015. The authority to establish 
the memorial will expire on October 24, 2007 if the Foundation 
has not secured a permit to begin construction from the 
National Park Service (NPS) before that date.
    The Foundation has proceeded in a professional and 
responsible manner in all aspects of the memorial process. The 
site was approved in 2001, the design concept was approved in 
2004, and the Foundation continues to seek the direction and 
advice of the NPS, the National Capital Planning Commission and 
the Commission of Fine Arts in developing the design of the 
memorial. We look forward to productive meetings with both 
commissions as the design nears completion.
    The Foundation proposes to build the memorial on two acres 
across Washington Avenue from the U.S. Botanic Gardens and just 
east of the Department of Health and Human Services 
headquarters building. The triangular-shaped site is bounded by 
Second Street to the west, Washington Avenue to the east, and 
the I-395 tunnel portals on the south. The property was managed 
by the District of Columbia until December 15, 2006. The site 
was then transferred to the National Park Service under the 
terms of the Federal and District of Columbia Government Real 
Property Act of 2006.
    In 2004, the Foundation proceeded to the point of 
developing its approved design concept but could move no 
further until the management of the property was determined. 
Valuable planning time for the memorial was lost while this 
legislation was under consideration in the 109th Congress. 
Given the legislative delay as well as the unique aspects of 
this site and the need to revise traffic patterns in order to 
achieve both a site worthy of this memorial and the proper 
urban design in the context of both the U.S. Capitol and the 
U.S. Botanic Gardens, we feel it is fair to allow the 
Foundation additional time beyond the four months that now 
remain available to the Foundation to continue fundraising and 
complete the design development. We have every expectation that 
groundbreaking for the memorial will occur within the time 
period this proposed extension will allow.
    There are four instances where similar extensions of time 
have been granted for the completion of truly superior 
memorials that the Department manages. They are the memorials 
to Women in Military Service for America, George Mason, World 
War II, and Victims of Communism. Extensions also have been 
granted for the Martin Luther King, Jr. Memorial, and we are 
currently working with the Martin Luther King, Jr., Memorial 
Foundation in the development of the design in consultation 
with the National Capital Planning Commission and the 
Commission of Fine Arts.
    The Department has enjoyed an excellent working 
relationship with the Disabled Veterans LIFE Memorial 
Foundation and we are confident that this extension is an 
appropriate action and worthy of your consideration.
    Mr. Chairman, thank you for the opportunity to comment. 
This concludes my prepared remarks and I will be happy to 
answer any questions you or other committee members might have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
H.R. 995, as ordered reported, are shown as follows (existing 
law proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                           Public Law 106-348


                             106th Congress


                       Approved October 24, 2000


AN ACT To authorize the Disabled Veterans' LIFE Memorial Foundation to 
  establish a memorial in the District of Columbia or its environs to 
honor veterans who became disabled while serving in the Armed Forces of 
                           the United States

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. MEMORIAL TO HONOR DISABLED VETERANS OF THE UNITED STATES 
                    ARMED FORCES.

    (a) Memorial Authorized.--The Disabled Veterans' LIFE 
Memorial Foundation is authorized to establish a memorial on 
Federal land in the District of Columbia or its environs to 
honor veterans who became disabled while serving in the Armed 
Forces of the United States.
    (b) Compliance With Standards for Commemorative Works.--
[The establishment] Except as provided in subsection (e), the 
establishment of the memorial shall be in accordance with the 
[Commemorative Works Act (40 U.S.C. 1001 et seq.)] chapter 89 
of title 40, United States Code.
    (c) Payment of Expenses.--The Disabled Veterans' LIFE 
Memorial Foundation shall be solely responsible for acceptance 
of contributions for, and payment of the expenses of, the 
establishment of the memorial. No Federal funds may be used to 
pay any expense of the establishment of the memorial.
    (d) Deposit of Excess Funds.--If, upon payment of all 
expenses of the establishment of the memorial (including the 
maintenance and preservation amount required under [section 
8(b) of the Commemorative Works Act (40 U.S.C. 1008(b))] 
section 8906 of title 40, United States Code), [or upon 
expiration of the authority for the memorial under section 
10(b) of such Act (40 U.S.C. 1010(b)),] there remains a balance 
of funds received for the establishment of the memorial, the 
Disabled Veterans' LIFE Memorial Foundation shall transmit the 
amount of the balance to the Secretary of the Treasury for 
deposit in the account provided for in [section 8(b)(1) of such 
Act (40 U.S.C. 1008(b)(1)] 8906(b)(2) or (3) of such title.
    (e) Termination of Authority.--Notwithstanding section 
8903(e) of title 40, United States Code, the authority to 
establish the memorial under this section shall expire on 
October 24, 2015.

                                  
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